MAKSOOD Vs. COMMISSIONER SECRETARY LAND AND BUILDING DEPARTMENT

JUDGEMENT

(1.) The challenge in this petition is to the impugned order dated 6th March 2002 passed by the Commissioner/Secretary, Land & Building Department, Government of National Capital Territory of Delhi ('GNCTD') allowing a revision petition being case No. 2/US-33/89/L&B filed by the predecessor-in-interest of Respondent No. 6, Shri Ali Hassan, under Section 33 of Displaced Persons (Compensation & Rehabilitation) Act ('DPCR Act'). The said petition was directed against an order dated 23rd March 1987 passed by the Authorized Chief Settlement Commissioner in case No. 36-R/Authorised GSC/Delhi/85 (MKK).

(2.) The Petitioner herein filed the above petition before the Authorized Chief Settlement Commissioner stating that her husband late Shri Mohd. Mahmud resident of XI 1930 (New) corresponding XI/2568 (old), Kucha Chellan, Gali Rajan, Darya Ganj, New Delhi (hereinafter 'the property in question') had during his lifetime being bonafide pursuing the case for transfer of the property in question in his favour in accordance with the provisions of the DPCR Act and the instructions issued from time to time thereunder.

(3.) The Petitioner's late husband filed an application on 15th March 1966 seeking the said relief. This was followed by further reminders on 5th April 1966 and 19th April 1966. After his death in August 1966 the Petitioner filed another application on 27th December 1966 seeking transfer of the property in question in her name. Apart from pointing out that it was situated in a predominantly Muslim area, the Petitioner relied on instruction dated 17th December 1966 issued by the Office of the Chief Settlement Commissioner regarding disposal of properties in predominantly Muslim areas in Delhi.